People v. Xxx
REITERATIONFacts
The Antecedents: Accused-appellant XXX, father of minor AAA (11-13 years old during incidents), repeatedly sexually abused her from 2005 to 2007 in Barangay [redacted], Lemery, Batangas. On January 6, 2005 (AAA 11), at cousin's house bathroom, he embraced and touched her breasts, gave P20 to silence her. On June 12, 2005 (AAA 12), while bathing at home, he covered her mouth, touched breasts and private part. On August 20, 2005 (AAA 12), at house back, after sending brother inside, embraced and touched breasts. On February 28, 2007 (AAA 13), at night while sleeping with siblings, he removed her shorts/panty, inserted penis in vagina, pumped, warned silence. On March 7, 2007 (AAA 13), fondled breasts at home; mother saw, confronted; AAA told aunt, leading to barangay captain/police report. Five separate Informations charged four lascivious conduct (RA 7610) and one rape (RPC). Procedural History: Accused pleaded not guilty; trial ensued with AAA as lone prosecution witness. RTC convicted on all counts (Amended Decision Nov 26, 2015): lascivious cases to 10y1d prision mayor min-20y RT max + P20k civil indemnity; rape to reclusion perpetua + P75k each civil/moral. CA affirmed with mods (Mar 21, 2017): proper RA 7610 nomenclatures, adjusted penalties (e.g., 20y1d-40y for some lascivious, RT medium max for under-12 case), added fine/exemplary/moral damages P15k-100k. Accused appealed to SC, adopting CA arguments. The Petition: Accused argued: (a) reasonable doubt due to AAA's incredible testimony, his market work schedule (6PM-2PM next day) making presence impossible, cramped house (5x4m, one room, he slept outside) preventing undetected acts by mother/siblings; (b) denial/alibi unrefuted; (c) no medico-legal testimony fatal. Prosecution relied on AAA's positive ID, no ill motive.
Issue(s)
Whether accused's conviction for four lascivious conduct and qualified rape was proven beyond reasonable doubt, considering credibility of AAA's testimony vs. denial/alibi. Whether the nomenclature, penalties, and damages imposed by CA were correct, particularly for lascivious conduct under RA 7610.
Ruling
Appeal denied; RTC/CA affirmed with modifications: (1) Crim Case 20-2007, 34-2007, 35-2007: Lascivious Conduct under Sec 5(b) RA 7610 → reclusion perpetua each + P75k civil/moral/exemplary; (2) Crim Case 32-2007: Qualified Rape → reclusion perpetua w/o parole + P100k each; (3) Crim Case 33-2007: Acts of Lasciviousness Art 336 RPC re Sec 5(b) RA 7610 → 14y8m RT min to 17y4m RT max + P50k each; 6% interest on all damages from finality.
Ratio Decidendi
On Issue 1 (Credibility vs Denial/Alibi): Trial court's assessment of AAA's demeanor, affirmed by CA, is conclusive absent overlooked facts; AAA's testimony clear/credible, no ill motive (accused admitted none), consistent on frequency but not excluding his home presence during crimes despite work schedule. Denial/alibi unsubstantiated (self-serving, no corroboration from brother), negative evidence outweighed by positive ID; physical impossibility in cramped house rejected as child victims often delay reporting due to fear/intimidation from moral ascendancy. Medico-legal testimony dispensable/correlative in rape (People v. Cabilida); relationship substitutes force (People v. Taguibuya). Thus, guilt beyond doubt sustained. On Issue 2 (Nomenclature/Penalties/Damages): Per Tulagan, nomenclature simplified: under-12 (Case 33-2007) → Acts of Lasciviousness Art 336 RPC re RA 7610 Sec 5(b); 12-under18 (Cases 20/34/35) → Lascivious Conduct Sec 5(b) RA 7610 only, no RPC reference. Penalties: RA 7610 Sec 5(b) = RT medium-RP; relationship (Art 64 RPC) → maximum RP indivisible, no 'w/o parole' needed (AM 15-08-02-SC); Case 33 indeterminate: max 17y4m RT (RT medium max), min 14y8m RT (RT min max, next lower per ISL Sec 1). Qualified rape correct (Art 266-B). Damages up to Tulagan/Panes standards (P100k rape; P75k lascivious 12+; P50k under12), delete fine, 6% interest.
Main Doctrine
For lascivious conduct against minors under RA 7610, the nomenclature must be simplified per People v. Tulagan: if the victim is under 12 years old, it is 'Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610,' with penalty of reclusion temporal in its medium period elevated to maximum by relationship as aggravating circumstance under RPC Art. 64. If the victim is 12 years old up to under 18, it is purely 'Lascivious Conduct under Section 5(b) of RA 7610,' penalized by reclusion temporal medium to reclusion perpetua, imposed at maximum (reclusion perpetua) with relationship as aggravant, without RPC reference. In qualified rape (father-daughter, minor), reclusion perpetua without parole applies under RPC Art. 266-B, as death penalty is authorized but not imposed. Damages are standardized: P100,000 civil indemnity/moral/exemplary for qualified rape; P75,000 each for lascivious conduct (12-under 18); P50,000 each for acts of lasciviousness (under 12), with 6% interest from finality. Alibi and denial fail against credible child victim testimony absent ill motive, and medico-legal testimony is corroborative only.